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PPG INDUSTRIES v. INTERNATIONAL CHEMICAL WORKERS

No. 08-2180.

587 F.3d 648 (2009)

PPG INDUSTRIES, INCORPORATED, Plaintiff-Appellee, v. INTERNATIONAL CHEMICAL WORKERS UNION COUNCIL OF the UNITED FOOD AND COMMERCIAL WORKERS; International Chemical Workers Union Council of The United Food and Commercial Workers, Local Union No. 45C, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided: November 20, 2009.

Attorney(s) appearing for the Case

ARGUED: August Randall Vehar, ICWUC/UFCW Legal Department, Akron, Ohio, for Appellants. C. David Morrison, Steptoe & Johnson, LLP, Clarksburg, West Virginia, for Appellee. ON BRIEF: Robert W. Lowrey, UFCW Assistant General Counsel, ICWUC/UFCW Legal Department, Akron, Ohio; Tim Cogan, CAS Sidy, Myers, Cogan & Voegelin, LC, Wheeling, West Virginia, for Appellants. Carolyn A. Wade, Jill Oliverio Florio, Steptoe & Johnson, LLP, Clarksburg, West Virginia, for Appellee.

Reversed and remanded by published opinion. Judge MOTZ wrote the opinion, in which Judge DUNCAN and Judge CURRIE joined.

OPINION

DIANA GRIBBON MOTZ, Circuit Judge:

A reviewing court must defer to an arbitrator's construction of a contract even when the court believes that the arbitrator construed the contract incorrectly. In this case, the district court vacated the arbitration award, concluding that the arbitrator exceeded his authority by adding a term to the underlying contract. We conclude, however, that even if the arbitrator...

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